Bernhard v. Allen
Supreme Court of Pennsylvania
January Term, 1888, No. 341, E. D., Error to the Common Pleas of Erie County to review a judgment of nonsuit in an action of ejectment, September-Term, 1878, No. 198. The action was brought by John 0. Bernhard and Henrietta,, his wife, in right of Henrietta, against Alexander Allen, E. S. Seaman, and Samuel Vanwich-, to recover possession of a piece of land in Erie (formerly in Millereek township) which plaintiff claimed by virtue of a sale by the treasurer of Erie county as…
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January Term, 1888, No. 341, E. D., Error to the Common Pleas of Erie County to review a judgment of nonsuit in an action of ejectment, September-Term, 1878, No. 198. The action was brought by John 0. Bernhard and Henrietta,, his wife, in right of Henrietta, against Alexander Allen, E. S. Seaman, and Samuel Vanwich-, to recover possession of a piece of land in Erie (formerly in Millereek township) which plaintiff claimed by virtue of a sale by the treasurer of Erie county as unseated land, in June, 1872, for the taxes of 1870, the title under which sale had become vested in her. Silas W.…
1Opinion of the Court
Per Ourtam :
The plaintiffs claim by virtue of a treasurer’s sale of the land as unseated. The treasurer’s deed so describes it. To render a treasurer’s sale of unseated land valid, it must have been assessed as unseated. McReynolds v. Longenberger, 57 Pa. 13.
It was essential for the plaintiffs to prove this fact before they could recover. This they did not do nor would any of the evidence excluded have raised such a presumption had it been admitted. The plaintiffs did not make out a prima facie case; hence it was not error to enter a nonsuit.
Judgment affirmed.
2Cases cited1 opinion
- McReynolds v. LongenbergerSupreme Court of Pennsylvania · 1868
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